Suranjan Chakraverti and Bholeshwar Nath’s Cases and Materials on Code of Civil Procedure (In 3 Large Volumes)

The work Cases and Materials on Code of Civil Procedure has since long been recognized as the most authoritative and comprehensive collection of precedents and materials on the subject of Civil Procedure. Designed as a Commentary-cum-Referencer with a novel way of presentation of the matter along with facts based proposition of law, Courts and members of the legal profession find it easy and convenient to search out the case law applicable to the case in hand.

Justice M.L. Singhal has thoroughly revitalised the present fifth edition, incorporating all recent amendments including the CPC (Amendment) Acts of 1999 and of 2002. There has been a plethora of case law in the aftermath of these two amendments, which has been comprehensively and carefully included and assimilated in the work. New synopsis headings, sub-headings have been given under each Section and Rule which make the task of the readers easy. State and High Court Amendments, given under each section to provide the law as applicable in each State, have also been updated. The author has made an attempt to incorporate the vast wealth of case law reported in all the premier law reports of the country.

A Table showing effect of Code of Civil Procedure (Amendment) Acts of 1999 & 2002 has also been given. Citations of all major Supreme Court and High Court law reports have been provided. Other features that enable quick and easy research are detailed contents, subject index, appendices, synopsis under the Sections and the Rules or Orders etc.

The present edition would be of immense use to the members of the Bench and the Bar.

• "In fact such a book is a must for a busy lawyer who wants, with the least loss of time, to find out a particular authority on a particular topic." -Maharashtra Law Journal
• "…a wealth of information presented in condensed and lucid style. Incorporation of State Amendments at appropriate place make the volume under review helpful to lawyers at every nook and corner of the country. In short it is a mirror like exposition to instantly locate and find the immediately wanted materials." -Kerala Law Times
• "The sub-headings in the subject index are selected with ingenuity and reference to them makes it easy to pin point the exact problem under the Civil Procedure Code." -Gujarat Law Reporters
• "As a ready referencer the book is bound to be immensely popular and serve as a dependable guide to the legal practitioners. The book is a welcome publication both for its design and its execution." -Madras Law Journal

• Contents of Volume I
• Preface to First Edition
• Table Showing Effect of Code of Civil Procedure (Amendment) Acts of 1999 & 2002
• Code of Civil Procedure (Amendment) Act, 1999
• Code of Civil Procedure (Amendment) Act, 2002
• Latest Supreme Court Ruling on Amendments to Code of Civil Procedure
• Abbreviations
• CODE OF CIVIL PROCEDURE, 1908
• Preamble
• Sections
• Preliminary
• Short title, commencement and extent
• Definitions
• Subordination of Courts
• Savings
• Application of the Code to Revenue Courts
• Pecuniary jurisdiction
• Provincial Small Cause Courts
• Presidency Small Cause Courts
• State Amendments
• Gujarat
• PART I
• SUITS IN GENERAL
• Jurisdiction of the Courts and Res Judicata
• Courts to try all civil suits unless barred
• State Amendments
• Section 9-A. As Inserted by the State in Maharashtra
• Where at the hearing of application relating to interim relief in a suit, objection to the jurisdiction is taken, such issue to be decided by the Court as a preliminary issue
• Stay of suit
• Res judicata
• Bar to further suit
• When foreign judgment not conclusive
• Presumption as to foreign judgments
• Place of Suing
• Court in which suits to be instituted
• Suits to be instituted where subject-matter situate
• Suits for immovable property situate within jurisdiction of different Courts
• Place of institution of suit where local limits of jurisdiction of Courts are uncertain
• Suits for compensation for wrongs to person or movables
• Other suits to be instituted where defendants reside or cause of action arises
• Objections to jurisdiction
• Bar on suit to set aside decree on objection as to place of suing
• Power to transfer suits which may be instituted in more than one court
• To what Court application lies
• General power of transfer and withdrawal
• Power of Supreme Court to transfer suits, etc.
• Institution of suits
• Institution of suits
• Summons and Discovery
• Summons to defendants
• Service of summons where defendant resides in another State
• Service of foreign summonses
• Power to order discovery and the like
• Summons to witness
• Penalty for default
• Judgment and Decree
• Judgment and decree
• Interest
• Interest
• Costs
• Costs
• Compensatory costs in respect of false or vexatious claims or defences
• State Amendments
• Uttar Pradesh
• Costs for causing delay
• PART II
• EXECUTION
• General
• Application to orders
• Definition of Court which passed a decree
• Courts by which Decrees may be executed
• Court by which decree may be executed
• Transfer of decree
• State Amendments
• Uttar Pradesh
• Transfer of decree to Court in another State
• Result of execution proceedings to be certified
• Powers of Court in executing transferred decree
• State Amendments
• Uttar Pradesh
• Execution of decrees passed by civil courts in places to which this Code does not extend
• Execution of decrees passed by Revenue Courts in places to which this Code does not extend
• Execution of decrees passed by Courts in reciprocating territory
• Execution of decrees outside India
• State Amendments
• Pondicherry
• Precepts
• Questions to be determined by Court
• executing decree
• Questions to be determined by the Court executing decree
• State Amendments
• Uttar Pradesh
• Limit of Time for Execution
• Execution barred in certain cases
• Transferees and Legal Representatives
• Transferee
• Legal representative
• Procedure in Execution
• Powers of Court to enforce execution
• State Amendments
• Uttar Pradesh
• Enforcement of decree against legal representative
• Liability of ancestral property
• Partition of estate or separation of share
• State Amendments
• Karnataka
• Arrest and Detention
• Arrest and detention
• Prohibition of arrest or detention of women in execution of decree for money
• Subsistence allowance
• Detention and release
• Release on ground of illness
• Attachment
• Property liable to attachment and sale in execution of decree
• State Amendments
• Andhra Pradesh
• Calcutta
• Chandigarh
• Delhi
• Gujarat
• Himachal Pradesh
• Karnataka
• Kerala
• Maharashtra
• Pondicherry
• Punjab and Haryana
• Rajasthan
• Tamil Nadu
• Uttar Pradesh
• Partial exemption of agricultural produce
• Seizure of property in dwelling-house
• Property attached in execution of decrees of several Courts
• Private alienation of property after attachment to be void
• Sale
• Purchaser’s title
• Suit against purchaser not maintainable on ground of purchase being on behalf of plaintiff
• Power for State Government to make rules as to sales of land in execution of decrees for payment of money
• Delegation to Collector of Power to execute
• Decrees against Immovable Property
• [Repealed]
• Distribution of Assets
• Proceeds of execution-sale to be rateably distributed among decree-holders
• Resistance to Execution
• Resistance to execution
• PART III
• INCIDENTAL PROCEEDINGS
• Commissions
• Power of Court to issue commissions
• Commission to another Court
• Letter of request
• Commissions issued by foreign courts
• PART IV
• SUITS IN PARTICULAR CASES
• Suits by or against the Government or Public Officers
• in their Official Capacity
• Suits by or against Government
• Notice
• State Amendments
• Madhya Pradesh
• Exemption from arrest and personal appearance
• Execution of decree
• Suits by Aliens and by or against Foreign Rulers,
• Ambassadors and Envoys
• When aliens may sue
• When foreign States may sue
• Persons specially appointed by Government to prosecute or defend on behalf of foreign Rulers
• Suits against foreign Rulers, Ambassadors and Envoys
• Style of foreign Rulers as parties to suits
• Definitions of “foreign State” and “Ruler”
• Suits against Rulers of former Indian States
• Application of Sections 85 and 86 to Rulers of former Indian States
• Interpleader
• Where interpleader suit may be instituted
• PART V
• SPECIAL PROCEEDINGS
• Arbitration
• Settlement of disputes outside the Court
• Special Case
• Power to state case for opinion of Court
• Public nuisances and other wrongful acts affecting the public
• Public nuisances and other wrongful acts affecting the public
• Public charities
• State Amendments
• Uttar Pradesh
• Exercise of powers of Advocate General outside presidency-towns
• PART VI
• SUPPLEMENTAL PROCEEDINGS
• Supplemental proceedings
• Compensation for obtaining arrest, attachment or injunction on insufficient grounds
• PART VII
• APPEALS
• Appeals from Original Decrees
• Appeal from original decree
• Appeal from final decree where no appeal from preliminary decree
• Decision where appeal heard by two or more Judges
• No decree to be reversed or modified for error or irregularity not affecting merits or jurisdiction
• No order under Section 47 to be reversed or modified unless decision of the case is prejudicially affected
• Appeals from Appellate Decrees
• Second appeal
• No further appeal in certain cases
• Second appeal on no other grounds
• No second appeal in certain cases
• State Amendments
• Uttar Pradesh
• Power of High Court to determine issue of fact
• Appeals from Orders
• Orders from which appeal lies
• Other orders
• What Courts to hear appeals
• General Provisions relating to Appeals
• Powers of Appellate Court
• Procedure in appeals from appellate decrees and orders
• Appeals to the Supreme Court
• When appeals lie to the Supreme Court
• Value of subject-matter
• Bar of certain appeals
• Appeals to Federal Court
• Savings
• PART VIII
• REFERENCE, REVIEW AND REVISION
• Reference to High Court
• State Amendments
• Andhra Pradesh
• Pondicherry
• Tamil Nadu
• Review
• Revision
• State Amendments
• Madhya Pradesh
• Orissa
• Uttar Pradesh
• State Amendments
• West Bengal
• PART IX
• SPECIAL PROVISIONS RELATING TO THE HIGH COURTS NOT
• BEING THE COURT OF A JUDICIAL COMMISSIONER
• Part to apply only to certain High Courts
• Application of Code to High Courts
• Execution of decree before ascertainment of costs
• Unauthorised persons not to address Court
• Provisions not applicable to High Court in original civil jurisdiction
• PART X
• RULES
• Effect of rules in First Schedule
• Power of certain High Courts to make rules
• Constitution of Rule Committees in certain States
• State Amendments
• Assam and Nagaland
• Sikkim
• Tamil Nadu
• Committee to report to High Court. .
• State Amendments
• Sikkim
• Power of other High Courts to make rules
• Rules to be subject to approval
• Publication of rules
• Matters for which rules may provide
• Power of High Courts to make rules as to their original civil procedure
• Power of other High Courts to make rules as to matters other than procedure
• Publication of rules
• PART XI
• MISCELLANEOUS
• Exemption of certain women from personal appearance
• Exemption of other persons
• Arrest other than in execution of decree
• Exemption from arrest under civil process
• Exemption of members of legislative bodies from arrest and detention under civil process
• Procedure where person to be arrested or property to be attached is outside district
• Language of subordinate Courts
• State Amendments
• Rajasthan
• Uttar Pradesh
• Power of High Court to require evidence to be recorded in English
• State Amendments
• Assam and Nagaland
• Oath on affidavit by whom to be administered
• State Amendments
• Uttar Pradesh
• Assessors in causes of salvage, etc.
• Miscellaneous proceedings
• Orders and notices to be in writing
• Postage
• Application for restitution
• State Amendments
• Uttar Pradesh
• Enforcement of liability of surety
• State Amendments
• Uttar Pradesh
• Proceedings by or against representatives
• Consent or agreement by persons under disability
• Enlargement of time
• Right to lodge a caveat
• Power to make up deficiency of court fees
• State Amendments
• Calcutta
• Transfer of business
• Saving of inherent powers of Court
• State Amendments
• Calcutta
• Amendment of judgments, decrees or orders
• State Amendments
• Calcutta
• General power to amend
• Power to amend decree or order where appeal is summarily dismissed
• Place of trial to be deemed to be open court
• [Saving of present right of appeal]
• [Amendment of certain Acts]
• [Repealed]
• Continuance of orders under repealed enactments
• Reference to Code of Civil Procedure and other repealed enactments